HomeMy WebLinkAboutR04-Redevelopment Agency
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DB9BIDBa1' IIIPARI!ar or mil
ern or BIll ~
D"~ ICR ~aaTlWJ.I.._~.I. .,...,...,..
Fran: mlNElH J. H!HERSC:.N
~:rt:iw Directar
Date: April. 2, 1991
SUbject:
~J1lJIVB RIGII'.l' m IUUJ'r.LA1'l!l
WlTB W'T.'I'- DIVBlDiMBHT
~ ItIl. ~oa CITI-
IBM PIUJBCS' .. ~ 01'
.. .u-.I.D All) .... D"oDUUi.L-B
8yJIcpsia of Pn9iaus n.-.~ -1.Clll/nr.~ lIClC111111it.tee ~an:
on NaIr..t.....,. 20, 1990, the ~""""",1L Q:mnittee autharlzed staff to fo1lCl!M1p en
the initial .....~ 8UbDitted by Wi1.......... Dev8l............iL Cul:}tl4aticn (aka: Elderly
Devel~it o.u.~atien) in omer to Gbtain additia1aJ. detailed infatmaticn.
on March 14, 1991, the ~""""""t Q:mnittee reo .......vDed to the o--"lity Delle-
1...........1L n--~-i.cn that the Ex8c:utiw Directar be autharlzed to 8ll8O.lte an Exclu-
sive Right to Negotiate 1.0".._4. with Wi1Dme Dev8l............it COtporati.at (aka:
Elderly Devel...........iL o.u.~aticn).
(SZa4'"'i. 0CIIlt:imJed to IIlIKt PlIg8)
.., ....4.1At! JIotiOll:
In......<fb n...1._ ~t n...raol_oIcm)
'DmT 'BIB ~1.,I:i IBVBIDBIIIrr ~ .....__TU BIB J:iAILV.....Lyli tu......~.b. CJP THE
IBVBIDBIIIrr -~ m JIiUiUU'.l15 _ I!lIr"I'nIItVB RIGII'.l' m IUUJ'r.&A'1'B ";1>,~~ WlTB
1IIIKlRB IBVBIDBIIIrr ~ (AD: Blder1y Dfi'oll. '1 -"t oorporatian)
~, BDtutive Dimctor
D8Q1~t DlIpUt:DIeDt
contact PeLIMA-I:
Ken. RarrlA"""""lr~..., Waacner
lb:me: 5065: 5081
WUd(s) : one (ll
Project Area:
Olllhl.a.al City North (CX:N)
~ Data AtI:actled.:
PUNDIN:; ~:
sr...~~ -. .:a:'t: Exclusive Riaht to w..nnt-i"te Doco""""*
Amcunt: S
N/A
source:
B.D:let Authority:
~""Clll/nr........!1 Notes:
o RIH:GW:lab:4299
~ Ita No: ---.!t..--
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IBVBIDl'IIBIf.r IJIlIA1mBfl'
RIIqUe8t far n.-I_4 Cll/ON-l klticm.
April 8, 1991
P8ge -2-
8yDCIpIIi. of Pnvious nr-4-iCID/ONW'il/OCIIIIIittee klticm.:
On April 1, 1991, the l'hmlmity DeYel~d. thmli....tcn CXI'IS.idered this item an:i
referred the matter back to the RsdIIYel~/t OCIIIIIittee for further review.
On April 4, 1991, the Rsdsvel~IL OCIIIIIittee cxmsidered this item an:i reel ....-.-ad
~ to the """"""lity DeYel~jL cn-i ....ia1 authorizin'J the Ex8cuti.ve
Director to C' ....-.'ICe negct:iaticIlS of a six (6) mcnth Exclusive Right to Negotiate
~/t with wilmore onpc.ratian.
o KlH: lab: 4299
CX>>AfT1IaT-=- JUiI5'.L..uG
Jfeet.i.Dg Date: 04/15/1991
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DBVBLOPIIIIIT DBPAmmaJ:
sun: RIPORr
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Vil-.ftre Develft--ant COrDOration
(.~.: Elderlv Develoument Cornorationl - ~~lU8ive Riaht to Neaotiate
The Development Department received a request from Elderly Development
Corporation (Developer) relative to the execution of a six (6) month Exclusive
Right to Negotiate (ERN) agreement for development of a 1.01 acre parcel
presently owned by the Department at the northwest comer of 5th and "E"
Street for the developement of a senior citizen assisted living facility for
low income Social Security recipients.
Staff previously met with the developer who has agreed
Exclusive Right to Negotiate agreement under the
conditions:
to execute a proposed
following terms and
1. That said agreement be for a term of six (6) months.
2. . The submission of a five-thousand dollar ($5,000) good faith deposit.
3. Within a four (4) month period the developer will submit:
a) A detailed description of the proposed development including uses,
approximate square footage of buildings, tentative designation of
parking and landscaped areas, users/tenants (if known) for the site.
b) Marketing reports describing and substantiating (on a preliminary
basis) the undertakings proposed by the developer.
c) Estimate of development costs and supporting data with respect to
the site.
d)
An economic feasibility study and key assumptions as
feasibility, such as development timing and any
expected from the Department.
to economic
commitments
e) The estimated scheduling of the proposed development.
f) The proposed source and method of financing.
g) Detailed biographical and background description of the developer.
h) Access to audited financial statements for guarantors.
It is anticipated that the project will contain one-hundred, fifty (150) units
and will utilize federal and state funding sources. The developer has
experience in this type of development and appears to have the knowledge and
capability of accessing federal and state funds.
KJH:GW:kak:3780H
COIIUSSION IlBETING
Meeting Date:
4/15/91
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DEVELOPMENT DEPARTMENT STAFF REPORT
Exclusive Right to Neogitate Agreement
Senior Citizen Project (Northwest Corner
of 5th and "E" Streets
April 8, 1991
Page -2-
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The developer anticipates spending up to $75,000 to submit the material
required to reach the point of negotiating a final agreement. An ERN will
provide the developer some assurance that they will not expend this money only
for the City to go with another developer. The ERN obligates the City to do
nothing other than negotiate in good faith for six (6) months. The attached
Exclusive Right to Negotiate agreement has been approved by Development
Department Counsel and executed by the developer.
It should be noted that Elderly Development Corporation is in the process of
being formed and the Exclusive Right to Negotiate is with Wilmore Development
Corporation, which is an established corporation. It is anticipated that the
Exclusive Right to Negotiate agreement will be assigned to Elderly Development
Corporation when it is legally formed.
On April 4, 1991, the Redevelopment CODDDittee considered this matter and
recommended to the Community Development CODDDission approval of this item
with the provisions that the Exclusive Right to Negotiate (ERN) agreement be
amended to reflect the development and submission of an economic feasibility
study during the period of the Exclusive Right to Negotiate (ERN) agreement.
Staff recoDDDends adoption of the form motion.
&IUUU5Y~OlI' Executive Director
Development Departaent
KJH:GW:kak:3780H
COIIIISSIOK IlBETING
Meeting Date:
4/15/91
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.At:1nfRlftll:nr TO Dt:oTI.lTR EXCLUSIVELY
by and between the
DEVELOPMDT DIPARTMBlb OF
THE CITY OF Sd BlIl1\UDINO,
and
WILMORE DIVILOPMEIlT CORPORATION
"DIVILOPlR"
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CENTRAL CITY BORTH PROJECT ARIA
Dated a. of
, 19_
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YART.W 01' COl!ITRIITg
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VI. [1600] C~IOB'S RESPOBSIBILITIES 0
A. [1601] RedeVel01llllent Plan
0 B. [1602] Public Bearina
VII. [1700] SPECIAL PROVISIONS
A. [1701] Real Estate Commission
B. [1702] Press Releases
C. [1703] Bondiacrimination
D. [1704] Botice
E. [1705] Other Aareementa
F. [S706] Warranty of Sianators
VIII. [1800] LIMITATIONS OF mIS AGUIMEB1'
EXHIBITS
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Exhibit A Site Map
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.lGRDMRWT TO DGOTUTE EXCLUSIVELY
THIS Al:IlEEMERT to DOOTIATI IltCLUSIVBLY (the "Acre_ent") 18 entered
into this _ day of , 19_, by and between the CO!IIIJ1UTY
DEVELOPMUT COMMISSION or THE CITY or SAR BlRlURDINO on behalf of the
DEVELOPMERT DEPAlTMERT or THE CITY or SAN BlIlRARDIBO, a public: body,
c:orporate and politic: (the "Department"), and WILMORE DEVELOPMENT
CORPORATION (the "Developer"), on the terma and proviaions aet forth below.
. THE DEPAlTMERT AND THE. DEVELOPEI BEREBY AGUE AS FOLLOWS:
I.
[1100]
DGOTUTIONS
A.
[1101]
~oQd Paith .~.Dtiation.
The Department and the Developer agree for the Negotiation
Period aet forth below to negotiate diligently and in lood faith to prepare
a Diaposition and Development Acre_ent (the "DDA") to be c:onsidered for
exec:ution between the Department and the Developer, in the maDDer set forth
herein, with respec:t to the development of c:ertain real property (the
"Site") 10c:ated within the boundaries of the CERTRAL CITY BORTH
Redevelopment Projec:t (the "Projec:t"). The Site is shown on the "Site
Map," attaehed hereto as Exhibit A and inc:orporated herein by reference.
The si te is owned by the Redevelopment Agenc:y of the Ci ty of San
Bernardino.
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The Department eareea, durina the Becotiation Period, as
hereinafter defined, and provided that thia Acreeaent remaina in effect,
not to enter into an eare8llent that does not include the participation of
the Developer recardina the development of the Site without the conaent of
Developer; provided, that the forecoina aha11 not be de8lled to prevent the
Department from furnishing to anyone public records pertaining to the
proposed development. Botwithatanding the foregoing. the Developer
acknowledges that its rights hereunder are subject to the Department's
ob1icationa under State lsw and the ledeve10pment Plan for the Project (the
"Plan"). inCluding. but not 1i11ited to the conduct or diaposition of any
proceedings Which require DD,tice and s public hesrina. the California
Environmental Quality Control Act. and the requir8llente for the DeVeloper
and/or the Department to obtain certain spprova1s from other public
entities. The ob1ication to necotiate in good faith requires that
Developer communicate with Department with respect to those issues for
which acreement has not been reached, and in such communication to follow
reasonable necotiation procedures inc1udina .eetinas, telephone
conversationa and correspondence. It is understood by the parties that
final accord on those issues aay not be reached.
B.
[U02]
Reauired Aetfons.
(1) Bot later than July 31, 1991, the developer shall
submit to the Department s "Development Concept Package". the Development
Concept Package shall include the following:r
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(a) a detailed deacription of the propoaed
o development, inc1udina uses, approxilllate square footage of buildinas,
tentative designation of parkina and landscaped areas, users/tenants (if
known) for the Site;
(b) lllarketina reporta deacribina and aubatantiating
(on a preliminary basis) the undertaklnas proposed by the Developer;
(c) an economic feaaibi1ity atudy indicatina to the
satisfaction of the Department that the proposed development is
economically feaaib1e and represents the highest and best use of the
property.
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(d) estilllate of development costa with aupporting
data with respect to the Site;
(e) key assumptions as to economic feasibility, auch
as development timina, and any cODlDitments expected from the Department;
(f) the proposed schedu1ina of the proposed
development;
(g) the proposed source and method of financina;
(h) detailed biographical and background description
of the proposed Contractor/Developer (and all principals in the proposed
development entity), including such lllatters as (i) prior record with
respect to the completion of projects, particularly those of a scale
comparable to that proposed herein; (ii) record of timely performance
ref1ectina minimal litigation and/or disputes concernina the payment of
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joint venturers, contrsctors, suppliers, or taxina authorities and (iii)
record of satisfactory operation of analaloua projects. It is underatood
that the Department may take appropriate steps to veri~ such matters, and
the Developer agrees to cooperate in furnishing such information to the
Department;
(h) access to audited financial statements for
luarantors (the Developer acknowledaes that personal lusrantees may be
required with respect to oblilations of the Developer in the event the
Developer does business in a corporate or partnership form) so long as
these are not to become a matter of public record; and
(2) Promptly upon receipt of the Development Concept Package,
the Department shall review the deVelopment concept propoaed by the
Developer, together with the remainder of the Development Concept Package,
and may either reasonsbly approve it, request modifications or reject it.
If any such items are rejected, the Department ahall provide s list of
deficiencies to the Developer, and if these deficiencies are not corrected
to the aat18faction of the Department within thirty (30) days of such
rejection, this Aareement shall automatically terminate unless it 18
extended by the mutual written asreement of the Department and the
DeVeloper.
(3) If the Department approves the Development Concept Package,
then, within sixty (60) days from the date of such approval, the Department
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and the Developer aha11 continue to neloti.te tow.rd the ez.cution within
o auch period of . DiapoBition and Development Alreeaent (the "DDA") with
reapect to the dev.10pment (the "Development"). Durina thia 60-4., period,
the Developer aha11 prep.re and aubmit an .rchitectur.1 conc.pt of the
propoa.d D.velopment. If. DDA haa not been entered into on or before
October 1, 1991, this Alreeaent ah.11 b. .utomatic.11y t.rminat.d unless it
has been e.r1ier terminated or ia ezten4ed .a provided herein by mutual
writt.n .areeaent of the Dep.rtment and the Developer. If a DDA is aianed,
it aha11 auperaed. this Exc1usiv. .eloti.tion Alr.eaent.
- c.
[5103J
.e.oti~tiOD Period
the dur.tion of thia Alr.eaent (th. ....Ioti.tion P.riod") aha11
b. frOlll the d.t. of ez.cution of this Alr.eaent by the D.partment, until
o October 1, 1991, unl... aooner terminated purauant to the provisions of
this Alreeaent. the .eloti.tion Period aha11 not b. ezten4.d by periOdS
for cure of d.f.u1ta.
D.
[5104J
DeDoait
Prior to the ez.cution of thia Alreeaent by the D.p.rtment, the
D.ve10p.r aha11 aubmit to the Dep.rtment . lood f.ith deposit (th.
"D.posit") in the amount of FIVE TBOUSAKD DOLLARS ($5,000.00) in the form
of either c.sh or an irrevoc.b1e letter of credit that ia aatisfactory to
the Department's 1ela1 counsel to ensure that the Developer will proceed
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dili&ent1)' 8Dd in &ood faith to nqotiate 8Dd perfol'll all of the
Deve10per'a ob1ilationa UDder thia Alre..ent. If the Depoait ia in the
form of an irrevocable letter of credit, the DeVeloper &hall _intain auch
letter of credit in full force 8Dd effect for the entire .elotiation Period
hereUDder, and aha11 eztend the letter of credit to the extent thie
Alreement or varioue time perioda hereUDder are extended. 7he Department
aha11 nave no ob1i&ation to earn interest on the Deposit. Any interest
earned on the Deposit shall be the ao1e propert)' of the Department.
In the event the Developer haa not continued to nelotiate
dUiient1)' and in &004 faith or haa faUed to tille1)' d1achar&e ita
reaponaibi1itiea purauant to Section 102 of this Alreement, the Department
aha11 live written notice thereof to the Developer who aha11 then have ten
(10) worldne da)'a to coaaence ne&otiatine dili&ent1)' and in &ood faith or,
with reapect to a failure purauant to Section 102 of this Alreement, thirty
(30) da)'s to cure irrespective of the lood faith of the Developer.
Followine the receipt of .uch notice and the faUure of the Developer to
thereafter commence ne&otiatine in &ood faith within .uch ten (10) working
daya or to cure a failure pur.uant to Section 102 within thirt)' (30)
calendar daya, thia Alreement ..y be terminated by the Departlllent. In the
event of such termination by the Department for a reason other than the
failure of the Developer to negotiate in &ood faith, the Deposit shall be
returned to the Developer and neither part)' shall have any further rights
a&ainst or liabUit)' to the other under this Aareement.
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THE PARTIES Al:III !llAT III THE I\I1II1' THE DEVELOPER PAILS TO Dl;OTIATI
DILIGlllTLY Alm III goOD PAITH Alm THIS IC1lR1!"Ilm".l" IS TERMIIIATID 011 !llAT
BASIS, THE DIVILOPIIBIIT WOULD SUSTAIII LOSSES WHICR WOULD BE UIIC1RTAIII. SUCH
LOSSES WOULD IIICLUDE COSTS PAYABLE TO ADVISERS Alm STAPF TIllE ALLOCATED TO
THE PREPARATIOII OF THIS AGREEMENT Alm ITS IJIPLIMENTATIOII, AIID SUCR VARIABLE
FACTORS AS THE LOSS OF OTHER POTlllTIAL DEVELOPIIBIIT OPPORTUIIITIES WITH
RESPECT TO THE SITE, PRUSTRATIIIG Alm DILAYIIIG THE IMPLIlMERTATIOII OF THE
REDEVELOPMENT fLAIl Alm POREGOIIIG IWtIMIZIIIG EFFORTS TOWARD IIICREASIIIG TAX
IIICREKEII1' UVIIIUES, PROVIDIIIG IMPLOYMEII1', IIICREASIIIG PRIVATE IIIVIS!MEII1',
AIID THE ATTAIIIMEIIT OF OTHER OBJECTIVES OF THE REDIVILOPMEIIT fLAIl. IT IS
IMPRACTICABLE AIID EXTREMELY DIFFICULT TO PIX THE AI!OUIIT OF SUCH DAllAGES TO
THE DEVELOPMEIIT, BUT THE PARTIES ARE OF THE OPIIIIOII, UPOII THE BASIS OF ALL
INFORMATIOII AVAILABLE TO TREM, !llAT SUCH DAllAGES WOULD APPROXIMATELY EQUAL
THE AIIOUIIT OF THE DEPOSIT (WITH AllY llITEREST EARllED THEREOII), Alm SUCH
AIIOUIIT SHALL BE RETAIDD BY THE AGUCY III THE EVERT THIS AGREEMENT IS
TERMIIIATID BY THE AGUCY POR THE CAUSE SET FORTH III THIS PARAGRAPH.
THE DEVELOPER Alm THE Af:IIICY SPEClnCALLY ACDOWLEDGE THIS LIQUIDATED
DAllAGES PROVISIOII BY THEIR SIGIlATURE BILOW:
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Developer Initial Here
ment Initial Here
Depart
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In the event the Department fails to neaotiate dililently and in
lood faith, the Developer ahall live written notice thereof to the
Department Which ahall then have ten (10) workina days to cOllllence
nelotiatina in lood faith. Followina the receipt of wch notice and the
failure of the Department to thereafter cOllllence nelotiatina in lood faith
within such ten (10) workina days, thb Aareement MY be terminated by the
Developer. In the event of such termination by the Developer, the
Department ahall return the Depoait (with any interest earned thereon) to
the Developer, and neither party shall have any further riahts ..ainet or
lisbili ty to the other 11IIder thb Aareement.
Upon aut_tic terminaton of this Aare..ent at the expiration of
the lI'elotiation Period or such eztenaion thereof, or upon execution by the
e_bson and the DeVeloper of a DBA, then concurrently therewith, the
Deposit hereunder ahall be returned to the Developer and neither party
ahall have any further riahts ..ainet or liability to the other under this
Aareement. If a DBA has been executed by the Department and the Developer,
the DDA shall thereafter lovern the riahts and oblilations of the parties
with respect to the development of the Site.
II.
[5200]
DBVELOPMERT CONCEPT
A.
[5201]
SeDD@ of DevelDDment
The nelotiatione hereunder shall be based on a development
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concept which ehall include the devel01lllent on the Site of a smol CITIZEN
COMPLEX, Deaian and architecture will be developed durina the neaotiation
of the DDA.
B.
[1202]
nAv.loD.r'a Pindln... De~.~iDatlona. Studt.. and
lenorts
Upon reaaonable notice, aa from time to time requested by the
Department, the Developer aarees to aske oral and written proareas reporta
sdvisina the Department on all matters and all studies beina made b7 the
Deveioper. Further, at thir,ty (30) day intervals from the date of
execution of this Aareement b7 the Department, the DeVeloper shall provide
a written report to the Department concernina its proaress in preparina
alte plana, floor plana, elevationa and time schedules for development of
the Site.
III. [1300]
PIJJlCRASE PIICE AIm/OI 0TIIEIl COllSIDEIU.TIOll
The purchase price and/or other conaideration to be paid b7 the
Developer under the DDA will be eatabliahed b7 the Department after
negotiation with the Developer. Such purchaae price and/or other
consideration will be baaed upon auch factora as market conditiona, density
of development, coata of devel01lllent, risks of the Department, risks of the
Developer, eatimated or actual Developer prOfit, public purpoae and/or fair
value for the uaea permitted to be developed and financial requirementa of
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the Department, and will be aubJect to approval by the Department and by
the Co_on Council of San Bernardino after public hearinaa aa required by
law.
IV.
[1400]
TIlE DEVELOPER
A.
[1401]
Rature of thll!! DeveloDer
The Developer ia a CALlFORIlA CORPORATIOR
B.
[1402]
Olfie. of the DeveloDer
The principal office of the Developer ia:
3080 Briatol Street
Suite 250
Coata Meaa, California 92026
C.
[1403]
The DeyeloDer'. Conaultants .ft~ Profe..ional.
The Developer'a architect will be: DAHIEL J. HAGGERTY, AIA AND
ASSOCIATES, IRC. 377 West California Avenue, Glendale, California 91203.
The Developer'. enaineer will be: SAME AS ABOVE.
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The Developer's attorney will be: IDGAI C. JOBISOK, JR. Attorney
c::; at Law, Johnson and O'Brien, 3080 Bri.tol Street, Suite '250, Co.ta Me.a,
California 92626.
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D.
[5404]
A..iftUnent
rhiB Acre_ent shall not be a.a1aned 11)' the Developer
without prior written approval of the Department, which the Department
shall arant or refuae at its sole diseretion; provided that assicnment.
propo.ed with finaneial inatitutiona for finaneina purposes shall be
8ubjeet to rea.onable review and approval of the Department.
E.
[1405]
Pull D.f..~lo.ure
The Developer i. required to make full di.elo.ure to the
Department of its prineipal., offieers, major stoekholders, major partners,
joint venturers, key aanaaerial employee. and other a.soeiate., and all
other material inforaation eoneernina the Developer and its a..oeiates.
Any sianifieant chanae in the prineipals, s..oeiate., partners, joint
venturers, neaotiators, development aanaaer, eonaultants, profes.ionals and
direetly involved managerial employees of the Developer is subjeet to the
approval of the Department.
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v.
[5500J
!'RR ImVRLOPJ:R'S nRARr.YAL CAP.lCrn
A.
[1501J
P:lftAfteial .A.'bllltv
Prior to execution of the DDA, the Developer aha11 submit to the
Department satisfactory evidence of its ability to finance and complete the
development.
B.
[1502J
Ccma~ruetlO11 Plnanein.
the Deve10per'a proposed method of obtainina construction
financina for the development of the Site aha11 be submitted to the
Department concurrently with execution and delivery by the Developer of a
DDA to the Department for approval.
C.
[1503J
Lnft__Term Develqnment Finane:lIlR
the Developer' a propoaed method of obtainina lons-term
development financina shall be submitted to the Department concurrently
with execution and delivery by the Developer of a DDA to the Department for
approval.
D.
[1504J
B.ft~ and Other FInanel.! Referanee.
the Deve10per'a bank ia FarWeat Savinaa and Loan, 4001 Mac
Arthur Boulevard, .ewport Beach, California 92660.
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E.
[5505]
Pull Dt.ela.ure
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the Developer will be required to make and maintain full
diacloaure to the Depar~ent of ita aethoda of financing to be uaed in the
develoPlllent of the Site.
VI.
[5600]
Cammi..ion'. ReaDOftaibilities
A.
[ 5601]
aedevelonment Plan
thia Aireeaent m1d the DDA are aubject to the proviaion of the
ledeveloPllent Plan for the CElTW. CITY IOIT11 ledeveloPlllent Project which
waa approved and adopted by the CODDon C01D1cll of the City of San
Bernardino by Ordinance Ro. 3366 on AUGUST 6, 1973, aa ..ended by
o Ordinance(s) Ro. IIC-56l.
B.
[5602]
Publie BearlnR
A DDA reaulting froa the neaotiationa hereunder ahall becoae
effective only after and if the DDA has been conaidered and approved by the
Department and by the COIDon C01D1cll of San Bernardino at public hearings
called for auch purpose.
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VII. (1700]
SPECIAL PROVISIOIlS
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A.
(1701]
2eal Eatate CftMMf..ion
%he Department ahall not be liable for any real estate com.ission or
brokerage feea Which aay arise herefrom. %he Department repreaents that it
haa enaaged no broker, aaent or finder in connection with this tranaaction,
and the Developer agreea to hold the Department harmless from any claim by
any broker, agent or finder retained b7 the Developer.
. B.
(1702]
Pre.. Releaaes.
%he Developer agrees to discuss any presa rele...a with a
deaianated Department representative prior to discloaure in order to aasure
o accuracy and conalatency of the information.
C.
(1703]
.ondl.~rimlnatlon.
With respect to Developer's obliaationa and performance
hereunder, the Developer shall not discriminate in any matter on the basis
of race, creed, color, reliaion, aender, aarital status, national oriain or
ancestry.
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D.
(5704)
Bot.lee.
All noticea aiven or required to be aiven hereunder ahell be in
writing and addressed to the partiea as aet out below, or to auch other
address as may be noticed 1Dlder and purauant to thb parearaph. Any auch
notice shall be considered aerved when actually received by the party
intended, whether peraonally served or aent poatale prepaid by reaistered
or certified mail, return receipt requeated.
Department:
Developllent Department of the
City of San Bernardino
300 Borth "D" Street, Fourth Floor
San Bernardino, CA 92418
Attn: Executive Director
DeVeloper:
WILMORE DBVELOPIIBIT CORPORATION
3080 Briatol Street
Suite 250
Coata Meas, California 92626
E.
(5705)
Other ..reement...
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This Alre..ent supersedes any previous aare..ents entered into
between the Developer end the Department or any discuesions or
understendinas between the DeVeloper end the Department with respect to the
Site.
F.
[5706]
Warranty of Si.,...tors
The signatories to this Agreement represent and warrant that
they have the authority to execute this Alreement on behalf of the
principals they purport to represent.
VIII. [5800]
LIMITATIONS OF TIllS AGRI!RMRl'IT
By its execution of this Alreement, the Department is not cOllllDittina
itself to or aareeina to undertake (a) disposition of land to the
Developer; or (b) any other acts or activities requirina the subsequent
independent exercise of discretion b7 the Department, the City or any
agency or department thereof.
This Agreement does not constitute a disposition of property or
exercise of control over property b7 the Department or the City and does
not require a public hearing. Execution of this Agreement b7 the
Department is merely an agreement to enter into a period of exclusive
negotiations accordina to the terms hereof, reservina final discretion and
approval by the Department and the City as to any Disposition and
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Development Aareeaent and all proceedina. and deci.ione in connection
therewith.
IN WITHESS WHEREOF, the partie. hereto have executed thi. Aareeaent
to be effective a. of the date of approval of the Department'a .overning
board which 18 the date firat .et forth in th18 Alr_eent.
DEVELOPER
c........Lrr DBVILOPIIUr COJIIISSION OF
rBB CIrr OF SAN BlRlIARDINO ON
J,m&u' OF rBB DEVELOPMEftT
DlPARrnuu: OF rBB CIrr OF SAN
BIRlIARDINO
IT CORPORATION
By
Izecutive Director
APPROVED AS TO FORM AND LEGAL
~O:
BY. . ~)
Departm Counsel
APPROVED AS TO PROGRAM:
By ~ ~~
Deve pment lIana.er
3726B
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